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(영문) 전주지방법원 2014.07.11 2014고단300

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:45 on February 15, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.191%, the Defendant driving a C low-string car from the road in front of the Yellow Donsan-gu Seoul Metropolitan City, Yansan-gu, Seoul Metropolitan City, without the driver’s license to the preceding road of the given real estate.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and

A. The Defendant driven the said car at a temporary border like the foregoing paragraph 1, thereby driving the said car along the two-lanes in front of the said real estate in front of the said arm’s length length along the one-lanes. At the same time, the Defendant had a duty of care to prevent accidents in advance by reducing the speed in front of the stop line and driving the said car safely by safely driving the said car in front of the said arm’s length line with the view to ensuring the operation of the red on-and-off signal.

However, at the time, the Defendant was under the influence of alcohol so that it was difficult for the Defendant to conduct normal physical manipulations and to determine accidents, such as setting a proper view on the boom, etc., or operating a steering boat and brake system accurately.

Nevertheless, while the Defendant, while under the influence of alcohol, was driving the said car and going through the said car at the intersection, the Defendant was unable to discover the said car by driving the victim D(the age of 28) who was driving on the surface of a literature elementary school on the surface of the road at the intersection of the wast, and was in the right right side of the said car in front of the left side of the Defendant.

Ultimately, the Defendant driving the said car in a situation where normal driving is difficult due to the influence of alcohol as above, and the Defendant’s body is the salt, tension, etc. of each shoulder, which requires approximately two weeks medical treatment to the said victim.